STATE OF FLORIDA ; BUREAU OF EMERGENCY MEDICAL SERVICES DEPARTMENT OF HEALTH, Petitioner, Vs. Case No. 2004-0030 FLORIDA MEDICAL TRAINING QO NS DOKD INSTITUTE, Respondent. E . a / e nee) ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, (hereinafter “Petitioner’) byand through its undersigned attorneys and files its Administrative Complaint against Respondent, FLORIDA MEDICAL TRAINING INSTITUTE, (hereinafter “Respondent”) and alleges: NATURE OF THE ACTION 1. This is an action to impose administrative penalties and assess costs related to the investigation and prosecution of the allegations against Respondent pursuant to Section 401.411, Florida Statutes. JURISDICTION AND VENUE 2. This tribunal has jurisdiction pursuant to Sections 120.569 and 120.57, Florida Statutes. 3. Venue shall be determined pursuant to Rule 28-106.207, Florida Administrative Code. PARTIES 4. Petitioner is the state agency charged with regulating emergency medical services pursuant to Section 20.43, Florida Statutes, and Chapters 120 and 401, Florida Statutes. 5. At all times material hereto Respondent has been approved to conduct emergency medical services training programs in Coconut Creek, Florida. 6. Respondent's last known address is 4400 W. Sample Road, Suite 134, Coconut Creek, Florida 33073. LAW 7. Section 401.2701 of the Florida Statutes governs emergency medical services training programs in the State of Florida. Section 401.2701 of the Florida Statutes provides as follows: (1) Any private or public institution in Florida desiring to conduct an approved program for the education of emergency medical technicians and paramedics shall: (a) Submit a completed application on a form provided by the department, which must include: 4. Evidence that the institution is in compliance with all applicable requirements of the Department of Education. 2. Evidence of an affiliation agreement with a hospital that has an emergency department staffed by at least one physician and one registered nurse. 3. Evidence of an affiliation agreement with a current Florida-licensed emergency medical services provider. Such agreement shall include, at a minimum, a commitment by the provider to conduct the field experience portion of the education program. 4. Documentation verifying faculty, including: a. A medical director who is a licensed physician meeting the applicable requirements for emergency medical services medical directors as outlined in this chapter and rules of the department. The medical director shall have the duty and responsibility of certifying that graduates have successfully completed all phases of the education program and are proficient in basic or advanced life support techniques, as applicable. 2 b. A program director responsible for the operation, organization, periodic review, administration, development, and approval of the program. 5. Documentation verifying that the curriculum: a. Meets the course guides and instructor's lesson plans in the most recent Emergency Medical Technician-Basic National Standard Curricula for emergency medical technician programs and Emergency Medical Technician-Paramedic National Standard Curricula for paramedic programs. b. Includes 2 hours of instruction on the trauma scorecard methodologies for assessment of adult trauma patients and pediatric trauma patients as specified by the department by rule. c. Includes 4 hours of instruction on HIV/AIDS training consistent with the requirements of chapter 381. 6. Evidence of sufficient medical and educational equipment to meet emergency medical services training program needs. (b) Receive a scheduled site visit from the department to the applicant's institution. Such site visit shall be conducted within 30 days after notification to the institution that the application was accepted. During the site visit, the department must determine the applicant's compliance with the following criteria: 1. Emergency medical technician programs must be a minimum of 110 hours, with at least 20 hours of supervised clinical supervision, including 10 hours in a hospital emergency department. 2. Paramedic programs must be available only to Florida-certified emergency medical technicians or an emergency medical technician applicant who will obtain Florida certification prior to completion of phase one of the paramedic program. Paramedic programs must be a minimum of 700 hours of didactic and skills practice components, with the skills laboratory student-to-instructor ratio not exceeding six to one, Paramedic programs must provide a field internship experience aboard an advanced life support permitted ambulance. (2) After completion of the site visit, the department shall prepare a report which shall be provided to the institution. Upon completion of the report, the application shall be deemed complete and the provisions of s. 120.60 shall apply. (3) If the program is approved, the department must issue the institution a 2-year certificate of approval as an emergency medical technician training program or a paramedic training program. If the application is denied, the department must notify the applicant of any areas of strength, areas needing improvement, and any suggested means of improvement of the program. A denial notification shall be provided to the applicant so as to allow the applicant 5 days prior to the expiration of the application processing time in s. 120.60 to advise the department in writing of its intent to submit a plan of correction. Such intent notification shall provide the time for application processing in s. 120.60. The plan of correction must be submitted to the department within 30 days of the notice. The department shall advise the applicant of its approval or 3 denial of the plan of correction within 30 days of receipt. The denial of the plan of correction or denial of the application may be reviewed as provided in chapter 120. (4) Approved emergency medical services training programs must maintain records and reports that must be made available to the department, upon written request. Such records rnust include student applications, records of attendance, records of participation in hospital clinic and field training, medical records, course objectives and outlines, class schedules, learning objectives, lesson plans, number of applicants, number of students accepted, admission requirements, description of qualifications, duties and responsibilities of faculty, and correspondence. (5) Each approved program must notify the department within 30 days of any change in the professional or employment status of faculty. Each approved program must require its students to pass a comprehensive final written and practical examination evaluating the skills described in the current United States Department of Transportation EMT- Basic or EMT-Paramedic, National Standard Curriculum. Each approved program must issue a certificate of completion to program graduates within 14 days of completion. §401.2701, Fla. Stat. 8. Rule 64E-2.036 of the Florida Administrative Code (F.A.C.) also governs emergency medical services training programs in the State of Florida. Rule 64E-2.036, F.A.C. provides as follows: (1) Qualifications and procedures for EMT and paramedic training programs in addition to those contained in Section 401.2701, F.S., are as follows: (a) Each applicant shall demonstrate that EMT and paramedic studerits are not subject to call while participating in class, clinical or field sessions. (b) Each applicant shall demonstrate that each EMT and paramedic student function under the direct supervision of an EMS preceptor and shall not be in the patient compartment alone during patient transport and shall not be used to meet staffing requirements. (c) Each applicant shall receive a scheduled site visit by the department. Any paramedic training program that is accredited by the Committee on Accreditation of Educational Programs for the Emergency Medical Services Professions (CoAEMSP) has the option to request that the department schedule its site visit to the institution in conjunction with the CoAEMSP site visit to avoid duplication of effort and unnecessary interruption of the student learning environment. (d) Course directors shall submit a roster of students eligible to take the state certification examination to the department within 14 days after course completion but not before course completion. This roster shall be signed by the program director. 4 (2) To be approved as an EMT Training Program, an entity shall submit a completed DH Form 1698E, April 02, Application for Approval of an Emergency Medical Technician - Basic (EMT-B) Training Program, which is incorporated by reference and available from the department. (3) To be approved as a Paramedic Training Program, an entity shall submit a completed DH Form 1698P, April 02, Application for Approval of an Emergency Medical Technician-Paramedic (EMT-P) Training Program, which is incorporated by reference and available from the department. (4) If any changes of the training program are made to the application on file as approved by the department, then these changes shall be submitted to the department for review of compliance within 30 days of the change. (5) Commencing with the effective date of this rule and expiring December 1 of even numbered years thereafter, entities not licensed as an emergency medical services provider or a department approved Florida training program shall be approved to conduct EMT or paramedic recertification training providing they meet the requirements contained in Section 401.2715, F.S., and this section. To be approved as an EMS Recertification Training Program, each applicant shall: (a) Submit DH Form 1698C, February 2001, Application for Review of Continuing Education Offering which is incorporated by reference and available from the department. (b) Submit a non-refundable fee of $ 300 for approval of continuing education which is valid for a period of 2 years concurrently with the EMT and paramedic recertification cycle. (c) Submit the following for each course offering: 1. Behavioral objectives: a. Describe expected learner outcomes in terms that can be evaluated, are attainable and are relevant to current US DOT NSC. b. Determine teaching methodology and plan for evaluation. 2. Subject matter: a. Shall reflect the professional educational needs of the student. b. Currency and accuracy will be documented by references/bibliography. 3. Faculty qualifications: a. Provide evidence of academic credentials or expertise in the subject matter. b. When the subject matter includes advanced life support, a physician, nurse or paramedic with expertise in the content area shall be involved in the planning and instruction. 4, Medical Direction: a. Provide evidence of current contract with a physician who has experience in emergency medicine, trauma or appropriate certification in prehospital care. b. Responsibilities of physician shall be clearly stated on contract. 5. Teaching strategies: a. Learning experiences and teaching methods, relative to emergency medical services, are utilized to achieve the objectives. b. Adult education principles are employed in teaching strategies. c. Time is allowed for each activity to ensure opportunity for each student to meet the objectives. 6. Evaluation methods: Evidence shall be submitted that participants are given an opportunity to evaluate learning experiences, instructional methods, facilities and resources used. 7. Contact hour criteria: a. All offerings shall be at least 50 minutes in length which is equivalent to 1 contact hour. b. Increments of 25 minutes will be accepted if the offering extends beyond 1 contact hour. (6) All training offered for the purpose of recertification of EMTs and paramedics shall be documented through a system of record keeping which shall include: program title, course outline, course objectives, dates offered, name of instructor, contact hours and roster of attendees. Each entity shall submit a roster of students that have completed training to the department within 14 days after completion but not before course completion. The course director shall sign this roster. (7) Recertification Training Programs, which maintain current approval from the department, and have an assigned approval code, may submit additional courses for approval during the current recertification cycle without paying an additional fee. The training program shall comply with the other requirements contained in subsection 64E- 2.036(5), F.A.C. (8) The department shall periodically conduct monitoring site visits to entities 6 conducting recertification training to verify that the training is being documented through record keeping that verifies compliance with the recertification requirements of Rules 64E-2.008 and 64E-2.009, F.A.C., for all training conducted. These training records shall be retained for a minimum of 4 years, which shall include the 2 year period within each certification cycle and the immediate 2 year period following that certification cycle. (9) A medical director's affirmation of completion of recertification training as provided in Section 401.2715(3), F.S., is the physician's confirmation that the certificate holder has completed recertification training consisting of at least 30 hours, and is based on the requirements of paragraph 64E-2.008(2)(a) or 64E-2.009(2)(a), F.A.C. Rule 64E-2.036, F.A.C. FACTS 9. Respondent submitted applications for approval of emergency medical technician (EMT) and paramedic training programs for its Coconut Creek, Florida, location on or about July 23, 2003. 10. In Respondent's applications for approval of emergency medical technician (EMT) and paramedic training programs for its Coconut Creek, Florida, location, Respondent stated on its applications that it would conduct two (2) off-campus courses per year at local EMS services or fire departments. 11. The Florida Bureau of Emergency Medical Services issued Respondent Certificates of Approval to conduct Emergency Medical Technician and Paramedic Education Programs for its Coconut Creek, Florida, location beginning on August 1, 2003, and ending on August 1, 2005. 12. Respondent has been conducting emergency medical technician (EMT) and paramedic training programs for significant periods of time at more than 2 sites as stated in training program application at the following locations: Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. 13. Respondent has not submitted applications to the Florida Bureau of Emergency Medical Services to conduct emergency medical technician (EMT) and/or paramedic training programs at the following locations: Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. 14. Respondent's emergency medical technician (EMT) and paramedic training programs at Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida, have not been approved and authorized by the Florida Bureau of Emergency Medical Services. 15. Respondent's emergency medical services training programs at Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida, did not receive and pass site visits from the Florida Bureau of Emergency Medical Services. 16. Respondent did not provide evidence to the Florida Bureau of Emergency Medical Services that its unapproved programs at Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida, had affiliation agreements with hospitals that have an emergency department staffed by at least one physician and one nurse. 17. Respondent did not provide evidence to the Florida Bureau of Emergency Medical Services that its unapproved programs at Palm Beach County Fire and 8 Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida, had affiliation agreements with current Florida licensed emergency medical services providers. 18. Respondent did not provide documentation to the Florida Bureau of Emergency Medical Services documenting and verifying its faculty, medical directors, and program directors at its unapproved programs at Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. 19. Respondent did not provide evidence to the Florida Bureau of Emergency Medical Services that its unapproved programs at Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida, were providing their students with approved emergency medical services education curriculum. 20. Respondent did not provide evidence to the Florida Bureau of Emergency Medical Services that its students taking courses at unapproved programs located in Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida, were not subject to call while participating in classes, clinical sessions, or field sessions. 21. Respondent did not submit a completed DH Form 1698E, April 02, Application for Approval of an Emergency Medical Technician - Basic (EMT-B) Training Program for its unapproved programs located in Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. 22. Respondent did not submit a completed DH Form 1698P, April 02, Application for Approval of an Emergency Medical Technician - Paramedic (EMT-P) Training Program for its unapproved programs located in Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. 23. Respondent failed to notify the Florida Bureau of Emergency Medical Services of any changes to its training program by updating its approved emergency medical services training program training file within thirty (30) days of the changes occurring. Respondent changed where it was offering off campus training courses and failed to notify the Florida Bureau of Emergency Medical Services that it was conducting emergency medical services training programs at Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. COUNT I 24. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twenty-three (23) above. 25. Section 401.411(1)(a) of the Florida Statutes provides that the “department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificateholder, or other person operating under this part for any of the following grounds: The violation of any rule of the department or any provision of this part.” § 401.411(1)(a), Fla. Stat. 26. Additionally, Section 401.2701(1)(a) of the Florida Statutes provides that “[a]ny private or public institution in Florida desiring to conduct an approved program for 10 the education of emergency medical technicians and paramedics shall: submit a completed application on a form provided by the department. . .” § 401.2701(1)(a), Fla. Stat. Moreover, Rule 64E-2.036(2), F.A.C. provides that to be “approved as an EMT Training Program, an entity shall submit a completed DH Form 1698E, April 02, Application for Approval of an Emergency Medical Technician - Basic (EMT-B) Training Program. ..” Rule 64E-2.036(2), F.A.C. Furthermore, Rule 64E-2.036(3), F.A.C. provides that to be “approved as a Paramedic Training Program, an entity shall submit a completed DH Form 1698P, April 02, Application for Approval of an Emergency Medical Technician-Paramedic (EMT-P) Training Program. . .” Rule 64E-2.036(3), F.A.C. 27. Respondent violated Sections 401.411(1)(a) and 401.2701(1)(a) of the Florida Statutes and Rules 64E-2.036(2), (3) of the Florida Administrative Code by using its Certificates of Approval to conduct Emergency Medical Technician and Paramedic Education Programs for its Coconut Creek, Florida, location to conduct emergency medical services training programs at the following locations, which did not submit applications to operate approved EMS training programs for EMTS and/or Paramedics: Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. COUNT II 28. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twenty-three (23) above. 11 29. Section 401.411(1)(g) of the Florida Statutes provides that the “department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificateholder, or other person operating under this part for any of the following grounds: Unprofessional conduct...” § 401.411(1)(g), Fla. Stat. 30. Respondent violated Section 401.411(1)(g) of the Florida Statutes by engaging in unprofessional conduct by using its Certificates of Approval to conduct Emergency Medical Technician and Paramedic Education Programs for its Coconut Creek, Florida, location to conduct unapproved emergency medical services training programs at Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. COUNT III 31. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twenty-three (23) above. 32. Section 401.411(1)(a) of the Florida Statutes provides that the “department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificateholder, or other person operating under this part for any of the following grounds: The violation of any rule of the department or any provision of this part.” § 401.411(1)(a), Fla. Stat. 33. Additionally, Section 401.2701(1)(a)6(b) of the Florida Statutes provides that “[alny private or public institution in Florida desiring to conduct an approved program for the education of emergency medical technicians and paramedics shall: Receive a scheduled site visit from the department to the applicant’s institution. . .” § 12 401.2701(1)(a)6(b), Fla. Stat. Moreover, Rule 64E-2.036(1)(c), F.A.C. provides that “leJach applicant shall receive a scheduled site visit by the department.” Rule 64E- 2.036(1)(c), F.A.C. 34. Respondent violated Sections 401.411(1)(a) and 401.2701(1)(a)6(b) of the Florida Statutes and Rule 64E-2.036(1)(c), F.A.C. by using its Certificates of Approval to conduct Emergency Medical Technician and Paramedic Education Programs for its Coconut Creek, Florida, location to conduct emergency medical services training programs at the following locations which did not receive and pass Florida Department of Health, Bureau of Emergency Medical Services site visits: Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. COUNT IV 35. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twenty-three (23) above. 36. Section 401.411(1)(a) of the Florida Statutes provides that the “department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificateholder, or other person operating under this part for any of the following grounds: The violation of any rule of the department or any provision of this part.” § 401.411(1)(a), Fla. Stat. 37. Additionally, Section 401.2701(1)(a)2 of the Florida Statutes provides that “[a]ny private or public institution in Florida desiring to conduct an approved program for the education of emergency medical technicians and paramedics shall: Submit a completed application on a form provided by the department, which must include: 13 Evidence of an affiliation agreement with a hospital that has an emergency department staffed by at least one physician and one registered nurse.” § 401.2701(1)(a)2, Fla. Stat. 38. Respondent violated Sections 401.411(1)(a) and 401.2701(1)(a)2 of the Florida Statutes by using its Certificates of Approval to conduct Emergency Medical Technician and Paramedic Education Programs for its Coconut Creek, Florida, location to conduct emergency medical services training programs at the following locations which did not provide the Florida Department of Health, Bureau of Emergency Medical Services with evidence that each location had an affiliation agreement with a hospital that has an emergency department staffed by at least one physician and one registered nurse: Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. COUNT V 39. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twenty-three (23) above. 40. Section 401.411(1)(a) of the Florida Statutes provides that the “department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificateholder, or other person operating under this part for any of the following grounds: The violation of any rule of the department or any provision of this part.” § 401.411(1)(a), Fla. Stat. 41. Additionally, Section 401.2701(1)(a)3 of the Florida Statutes provides that “la]ny private or public institution in Florida desiring to conduct an approved program for the education of emergency medical technicians and paramedics shall: Submit a 14 completed application on a form provided by the department, which must include: Evidence of an affiliation agreement with a current Florida-licensed emergency medical services provider.” § 401.2701(1)(a)3, Fla. Stat. 42. Respondent violated Sections 401.411(1)(a) and 401.2701(1 \(a)3 of the Florida Statutes by using its Certificates of Approval to conduct Emergency Medical Technician and Paramedic Education Programs for its Coconut Creek, Florida, location to conduct emergency medical services training programs at the following locations which did not provide the Florida Department of Health, Bureau of Emergency Medical Services with evidence that each location had an affiliation agreement with a current Florida-licensed emergency medical services provider: Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. COUNT VI 43. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twenty-three (23) above. 44, Section 401.411(1)(a) of the Florida Statutes provides that the “department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificateholder, or other person operating under this part for any of the following grounds: The violation of any rule of the department or any provision of this part.” § 401.411(1)(a), Fla. Stat. 45. Additionally, Sections 401.2701(1)(a)4a, b of the Florida Statutes provides that “[alny private or public institution in Florida desiring to conduct an approved program for the education of emergency medical technicians and paramedics shall: 15 Submit a completed application on a form provided by the department, which must include: documentation verifying faculty, including: a medical director who is a licensed physician meeting the applicable requirements for emergency medical services medical directors as outlined in this chapter and rules of the department. . . A program director responsible for the operation, organization, periodic review, administration, development, and approval of the program.” §§ 401.2701(1)(a)4a, b, Fla. Stat. 46. Respondent violated Sections 401.411(1)(a) and 401.2701(1)(a)4a, b of the Florida Statutes by using its Certificates of Approval to conduct Emergency Medical Technician and Paramedic Education Programs for its Coconut Creek, Florida, location to conduct emergency medical services training programs at the following locations which did not provide the Florida Department of Health, Bureau of Emergency Medical Services with documentation verifying each location’s faculty including medical directors and program directors: Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. COUNT Vil 47. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twenty-three (23) above. 48. Section 401.411(1)(a) of the Florida Statutes provides that the “department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificateholder, or other person operating under this part for any of the following grounds: The violation of any rule of the department or any provision of this part.” § 401.411(1)(a), Fla. Stat. 16 49. Sections 401.2701(1)5, a, b, c of the Florida Statutes provides “[a]ny private or public institution in Florida desiring to conduct an approved program for the education of emergency medical technicians and paramedics shall: Submit a completed application on a form provided by the department, which must include: documentation verifying that the curriculum:” meets current EMT and Paramedic National Standard Curricula, includes 2 hours of instruction on the trauma scorecard methodologies for assessment of adult and pediatric trauma patients, and includes 4 hours of instruction on HIV/AIDS training that complies with Chapter 381 of the Florida Statutes. See §§ 401.2701(1)5, a, b, c, Fla. Stat. 50. Respondent violated Sections 401.411(1)(a) and 401.2701(1)5, a, b, c of the Florida Statutes by using its Certificates of Approval to conduct Emergency Medical Technician and Paramedic Education Programs for its Coconut Creek, Florida, location to conduct emergency medical services training programs at the following locations which did not provide the Florida Department of Health, Bureau of Emergency Medical Services with documentation verifying that each location’s curriculum met current EMT and Paramedic National Standard Curricula, includes 2 hours of instruction on the trauma scorecard methodologies for assessment of adult and pediatric trauma patients, and includes 4 hours of instruction on HIV/AIDS training that complies with Chapter 381 of the Florida Statutes: Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. 17 COUNT VIII 51. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twenty-three (23) above. 52. Section 401.411(1)(a) of the Florida Statutes provides that the “department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificateholder, or other person operating under this part for any of the following grounds: The violation of any rule of the department or any provision of this part.” § 401.411(1)(a), Fla. Stat. 53. Rule 64E-2.036(1)(a), F.A.C. states: “Qualifications and procedures for EMT and paramedic training programs in addition to those contained in Section 401.2701, F.S., are as follows: Each applicant shall demonstrate that EMT and paramedic students are not subject to call while participating in class, clinical or field sessions.” Rule 64E-2.036(1)(a), F.A.C. 54. Respondent violated Section 401.411(1)(a) of the Florida Statutes and Rule 64E-2.036(1)(a), F.A.C. by using its Certificates of Approval to conduct Emergency Medical Technician and Paramedic Education Programs for its Coconut Creek, Florida, location to conduct emergency medical services training programs at the following locations which did not demonstrate to the Florida Department of Health, Bureau of Emergency Medical Services that EMT and paramedic students were not on call while participating in class, clinical, or field sessions: Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. 18 COUNT IX 55. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twenty-three (23) above. 56. Section 401.411(1)(a) of the Florida Statutes provides that the “department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificateholder, or other person operating under this part for any of the following grounds: The violation of any rule of the department or any provision of this part.” § 401.411(1)(a), Fla. Stat. 57. Rule 64E-2.036(1)(b), F.A.C. states: “Qualifications and procedures for EMT and paramedic training programs in addition to those contained in Section 401.2701, F.S., are as follows: Each applicant shall demonstrate that each EMT and paramedic student function under the direct supervision of an EMS preceptor and shall not be in the patient compartment alone during the patient transport and shall not be used to meet staffing requirements.” Rule 64E-2.036(1)(b), F.A.C. 58. Respondent violated Section 401.411(1)(a) of the Florida Statutes and Rule 64E-2.036(1)(b), F.A.C. by using its Certificates of Approval to conduct Emergency Medical Technician and Paramedic Education Programs for its Coconut Creek, Florida, location to conduct emergency medical services training programs at the following locations which did not demonstrate to the Florida Department of Heaith, Bureau of Emergency Medical Services that EMT and paramedic students function under the direct supervision of an EMS preceptor and shall not be in the patient compartment alone during patient transport and shall not be used to meet staffing requirements: 19 Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. COUNT X 59. Petitioner re-alleges and incorporates by reference paragraphs one (1) through twenty-three (23) above. 60. Section 401.411(1)(a) of the Florida Statutes provides that the “department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificateholder, or other person operating under this part for any of the following grounds: The violation of any rule of the department or any provision of this part.” § 401.411(1)(a), Fla. Stat. 61. Rule 64E-2.036(4), F.A.C. states: “If any changes of the training program are made to the application on file as approved by the department, then these changes shall be submitted to the department for review of compliance within 30 days of the change.” Rule 64E-2.036(4), F.A.C. 62. Respondent violated Section 401.411(1)(a) of the Florida Statutes and Rule 64E-2.036(4) of the Florida Administrative Code by failing to submit to the Florida Department of Health, Bureau of Emergency Medical Services its changes to its training program, specifically that it was using its Certificates of Approval to conduct Emergency Medical Technician and Paramedic Education Programs for its Coconut Creek, Florida, location to conduct emergency medical services training programs at the following locations: Palm Beach County Fire and Rescue, Daytona, Sunstar Ambulance, Pinellas County, Ocala, Belle Glades Fire and Rescue, Blountstown, and Miami, Florida. 20 CLAIM FOR RELIEF WHEREFORE, Petitioner respectfully requests the BUREAU OF EMERGENCY MEDICAL SERVICES to enter an order imposing one or more of the following penalties upon Respondent pursuant to Section 401.411(1), Florida Statutes: a. Revocation or suspension of Respondent's license; b. Restriction of Respondent's practice; c. An administrative fine; d. A reprimand; e. Probation; and/or f. Any other penalty the Bureau deems appropriate. Dated this 327 ‘day of AN u/. , 2005. PCP: Jenkins, Bixler, and Mason DATE: April 22, 2005 Respectfully submitted, CHARLES J. CRIST, JR. Attorney General LE tan Le Jf Brian J. Stabley ~~ Assistant Attorney General Department of Legal Affairs PL-01 The Capitol Tallahassee, Florida 32399-1050 (850) 414-3300 NOTICE OF HEARING RIGHTS RESPONDENT !S HEREBY NOTIFIED THAT HE/SHE HAS THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING PURSUANT TO SECTIONS 120.569 AND 120.57, FLORIDA STATUTES. SPECIFIC OPTIONS FOR ADMINISTRATIVE ACTION ARE SET OUTIN THE ATTACHED EXPLANATION OF RIGHTS. ALL REQUESTS FOR HEARING MUST BE MADE WITHIN 21 DAYS OF RECEIPT AND SENT TO BRIAN J. STABLEY, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, PL-01 THE CAPITOL, TALLAHASSEE, FLORIDA 32399-1050. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy has been served by certified ° go” . mail this <2 7 dayof_